Deceptive practices suit against Old American Insurance settles

By David Yates | May 2, 2016

An Orange County woman has settled her suit against an insurance company she alleges failed to notify her of a canceled policy until after she filed an accident claim.

Alisa Lynn Lemoine filed a lawsuit against Old American Insurance Co. of Kansas City, Mo., on Aug. 15, 2014 in Jefferson County District Court.

The case was set to go to trial on May 2 but settled, according to a courthouse official.

Lemoine alleges she bought car insurance from Old American. She was involved in a crash Nov. 22, 2012, and reported it to her insurance carrier immediately.

She alleges Old American sent a letter Nov. 26, 2012, confirming the claim and assigning an adjuster.

On Dec. 12, 2012, Lemoine alleges her attorney received a letter saying Old American as of Nov. 17, 2012 had canceled her car insurance. The letter allegedly stated there had been a lapse in coverage on Lemoine's car between Nov. 17 and Nov. 26, so the insurer was denying the claim for repairs.

Lemoine says she was never notified of her coverage ending, despite Texas law requiring at least a 10-day notice prior to cancellation.

Lemoine accused Old American of bad faith insurance liability, deceptive insurance practices, deceptive trade practices and breach of fiduciary duty. She seeks an unspecified amount of money in damages.

Her complaint was filed through attorneys L. James Krell and J. Ross Mitchell of Tritico Rainey PLLC in Houston.

Jefferson County District Court case number: E195-995

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